The 26 complaints in which identified subject officers were contacted involved: Additional notes in terms of contact with subject officers indicate that other types of contact with subject officers included: Both criminal and disciplinary interviews were conducted in relation to four complaints. 68 Victoria Police 2014, Conduct and Professional Standards Division standard operating procedures, p 22. Victoria Police is the primary law enforcement agency of the Australian state of Victoria.It was formed in 1853 and currently operates under the Victoria Police Act 2013.. As of May 2022. The various ways in which determinations have been applied in the audited PSC files adds further weight to the recommendation that the system of determinations should be simplified to ensure greater consistency and fairness, and to reduce the potential for ambiguity. Once the investigator has answered those questions, form 1426 must be approved by the investigators supervisor who is required to develop a conflict management plan if needed. Other shorter delays were associated with internal file movements, preliminary intelligence enquiries, and other reasons that were not clear. Although the young person did not know the names of the officers involved, he noted that the officer who interviewed him was involved in the assault. It also stated that with the creation of Taskforce Salus, the publishing of the VEOHRC Review [into sex discrimination and sexual harassment in Victoria Police] and the establishment of the VEOHRC Review Engagement Team, Victoria Police has made significant advances in its approach to preventing and responding to issues of sexually inappropriate behaviour. a significant number of total complaints (four files). Auditors identified four files in which relevant complainants were not contacted. The six files that took more than 20 days to allocate included one file that took 211 days to allocate to an investigator, due in part to the fact that the subject officer was attached to PSC Investigations Division. A file that listed one allegation of manhandling but failed to list allegations of property damage and human rights breaches. Ethical conduct standards which comprise shared values and expectations of the profession. fifty-six days after receipt, at which point the investigators report was marked as completed in ROCSID. Comment on outcome letter or advice to subject officers, Incident to receipt (time taken to lodge complaint), Receipt to classification (time taken to classify), Classification to allocation (time taken to allocate). Most, if not all, PSC investigators have previously worked elsewhere in Victoria Police and may have come into contact with officers who are the subject of a complaint in other ways. Based on the items in those two lists, the audit assessed whether the following types of evidence were relevant to the complaint and if so, whether it had been considered by the investigator, namely: Auditors also noted any other information considered and assessed, and whether all relevant evidence was considered. As part of our work to determine how effectively Victoria Police handles complaints against police officers, IBAC audited a sample of investigations conducted by Professional Standards Command (PSC) during the 2015/16 financial year. a complainant alleged he was pushed to the ground by the subject officer during arrest, causing him to graze his left eyebrow and right cheek, a complainant alleged he was pursued on foot by police, including the subject officer, during which he fell and struck his head on the ground as he was being apprehended, one of the subject officers children alleged that he occasionally kicks them when he gets mad, a complainant alleged that he was restrained while a police dog bit him, following which the subject officer allegedly knelt on his ankle near the dog bite and laughed that they were going to have to amputate his leg. Issues identified with classification involved the use of: The C1-0 classification is officially a work file classification,13 which is used for allegations that require preliminary inquiry and assessment before a full investigation can be conducted.14 In the absence of further guidance to indicate what is required before a full investigation can be conducted, auditors took the view that there was no reason for a matter to remain a work file once clear allegations and subject officers could be identified.15. State Police Minister Lisa Neville said body-camera footage of the arrest would be reviewed by Victoria Police' Professional Standards Command, which oversees the conduct of the state's police . While no formal recommendations were made, a number of investigations identified did highlight important issues and suggested practical solutions that warranted broader organisational consideration as discussed in case studies 25 and 26. Officers who are either witnesses to suspected misconduct or corruption, or the victims of such conduct, must be supported to make complaints about their colleagues. If the complainant, witnesses or the police officer who is the subject of the complaint perceive that the investigator has a relationship with one or more of those involved, that actual or perceived conflict of interest could undermine the investigation as well as PSCs reputation. Professional Standards Command, The role of PSC is to enhance and further promote a culture of high ethical standards throughout Victoria Police. However, the traffic camera recorded an image showing the rider wearing a jacket and helmet belonging to the subject officer. The IMG notes that the circumstances of the investigation and the type of complaint will frequently control the order of interviews (however) as a general rule, interviews should be conducted in the following order: Of the 59 files audited, 43 (73 per cent) were recorded as automatically generated complaints.32 In instances where ROCSID recorded that the complaint was automatically generated, but also identified some other person as a complainant in any way, the other person has been counted as the primary complainant for the purpose of seeking clarification or providing outcome advice pursuant to section 172 of the Victoria Police Act. However, on review, the Assistant Commissioner PSC downgraded the recommended discipline charge to workplace guidance on the basis that this is an arguable case of self-defence and I give the benefit of the doubt to [the subject officer]. Auditors identified two other files that addressed conflicts of interest but not via the formal process. He indicated that an acquaintance who attended the party as a guest (a senior constable) advised him to call 000 about the burglary. The audit identified 13 matters where there were inconsistencies in the recommended action recorded in ROCSID compared with the file. Seventeen warranted preliminary inquiries. 33 All five complaints that involved police officers who were injured by another Victoria Police officer or the victim of the incident were formally recorded in ROCSID as automatically generated complaints, however they have been counted as contactable complainants for the purpose of the audit because it was considered that their evidence was key to the investigation and the nature of their involvement warranted advice about the outcome of the investigation. 17 Originally classified as work files, correspondence or management intervention files. Of the 19 files that identified subject officers but did not contact them, the reasons for not making contact were recorded in 14 files. This audit of complaints investigated by PSC builds on the findings and recommendations made in the previous two audits, noting areas where this review suggests PSC could benefit from similar improvements and guidance. Notes on those files indicated that in both matters, some complainants declined or refused to provide further information. The Chief Commissioner can either take the action requested or explain why that action is not being taken.8. This included two subject officers listed in two C1-0 work files that the auditors found should have been reclassified as complaints of corruption (C3-4) or criminality not connected to duty (C3-3) by the time criminal interviews were conducted if not earlier. Examples of matters identified by IBACs auditors that did not adequately identify allegations from the outset included: The audit also identified 13 matters where there were inconsistencies between the allegations recorded in ROCSID and the details recorded in the file. The absence of these documents and other material that records the reasoning behind key decisions hinders the auditing process and undermines the value of complaint files as a means of assisting police to improve practices and procedures. Learn about how our Professional Standards Command are working to enhance and promote a culture of high ethical standards across the organisation and improve community trust in Victoria Police. Before a complaint investigation commences, it is necessary to accurately identify the key allegations and subject officers, classify the complaint, allocate the file to an investigator, formally consider any conflicts of interest from the outset and develop an investigation plan. Conduct and Professional Standards Division, Sexual Offences and Family Violence Unit (SOFVU), Intelligence, Innovation and Risk Division, Reporting family violence or sexual offence perpetrated by a Victoria Police employeepage, VPM - Family violence involving Victoria Police Employees, Contractors, service providers and security clearances, Decriminalisation of Sex Work in Victoria, Publications, strategies and corporate information, Access and Inclusion Action Plan 2023-2024, Code of Practice for the Investigation of Family Violence, Family Violence, Sexual Offences and Child Abuse Strategy, Workforce Diversity and Inclusion Framework 2023-2030, Aboriginal Youth Cautioning Program (AYCP), National Police Remembrance Day and Memorial, Past and Present Women Police Association, Work experience, traineeships and employment schemes, Staying safe at school leaver celebrations, National police checks and fingerprinting, Unwanted sexual and anti-social behaviour on public transport, Change or suppression (conversion) practice, Family violence or sexual offences perpetrated by a Victoria Police employee, Police Assistance Line and Online Reporting, maintain community trust and confidence to ensure that we can continue to serve the community and uphold the law. In terms of quality review, all files contain a quality control checklist which contains a list of tick boxes in relation to the allegations, persons involved, determinations, actions and record keeping requirements. The sample was not drawn randomly and is not therefore representative of all file types investigated by PSC. Investigators are generally left to identify the allegations raised in the initial complaint and any additional allegations in the course of the investigation. Then, the PSC can: investigate . Identify and report on risk across multiple data sets. While not always clearly documented, it was possible for auditors to deduce why the investigator had not contacted witnesses in most of these matters. providing investigators with guidance and training on the Victorian Charter of Human Rights to assist in identifying human rights that have been engaged by a complaint or incident. The other involved allegations of declarable association, secondary employment without approval and reckless purchase and handling stolen goods in circumstances where the investigation could not establish reasonable belief. This is highlighted in case studies 17 and 18. Departments and Other BodiesDepartment of Justice and Community SafetyEntities, Governance and SupportVictoria PoliceCapability This would ensure the investigation is on track and help to provide a transparent record of the intended lines of enquiry for the more serious and complex matters handled by PSC. The goal of the PRSB is to support the journey of policing towards being a full profession. While it is not always possible to identify the relevant police officers, investigators should take reasonable steps to pursue available lines of inquiry. In the first matter, PSC investigated an allegation of assault involving two off-duty officers. Were all relevant subject officers contacted? Read the stories of successful career mobility, All categories of decisions that can be reviewed, Information about Enterprise Agreement Disputes, Community of Practice for Ethics Education, Find out what we do and how to get involved. A statement from a spokesperson for Victoria Police: Professional Standards Command (PSC) and Victoria Police's Legal Services Department have commenced an investigation into potential issues regarding the compilation of affidavits. While one file may have recorded a determination of not finalised in error, 13 work files recorded a determination of for intelligence purposes, suggesting this is not a one-off administrative error. However, targeted drug and alcohol tests could not be conducted because the employees worked in Record Services Division (RSD). While it is acknowledged that the audit sample was relatively small, the audit identified a number of broader issues. Your duties will include: Run reports and prepare briefings. It is understood that this review should address some of the issues identified in this audit. An admonishment notice was issued in relation to three files (six allegations). The audit did not identify any issues with the 12 outcome letters to complainants that were located on files, all of which were considered to adequately explain the results of the investigation and action taken. Is the final letter to complainants attached to the file? Complaint histories were considered relevant if the subject officer had a significant number of complaints, similar allegations in the recent past, or another complaint that was being investigated at the same time. However, criminal association is explicitly identified in the IMG as an allegation that warrants classification as a complaint of criminality not connected to duty. Overall: The substantiation rate of 15 per cent on an allegation basis (or 19 per cent on a file basis) for the PSC files audited was comparable to the overall substantiation rate of 16 per cent for Tasmania Police and 17 per cent for NSW Police (on an allegation basis),46 and double the nine per cent substantiation rate (on a file basis) in the 2016 regional audit. This included 15 files that were never reclassified and therefore never notified to IBAC even though serious allegations were identified by investigators, including allegations of rape, receiving/handing stolen goods, threats to kill and interference in an investigation. Longships are vessels that depend on a rowing crew and sails to go throughout the sea. In comparison, this audit examines the adequacy of PSCs complaint investigations more broadly. Conflicts of interest were generally poorly addressed. In addition, 15 allegations on work files resulted in a determination of for intelligence purposes, which is not a valid determination under the VPM. became involved in a verbal altercation with a passer-by, escalated the incident by taking hold of the passer-bys arm, advancing towards him and punching him in the face with a closed fist causing him to fall with considerable force. consequences of any ongoing identified breaches of policy or legislation and support from divisional management to direct members to move work locations if required. IBACs audit was undertaken to identify how PSC investigates serious complaints about Victoria Police officers, including allegations of serious misconduct and corruption. The VPMG on complaint management and investigations states that an investigation report is to address each allegation subject to investigation by one of the following determinations shown in Figure 5.42. If yes: Describe the issues that warranted interim action, Count of identifiable public complainants, Count of identifiable internal police complainants, Comment on identification of complainants, Count of complainants contacted by investigators. Victoria Police is a contemporary and agile workplace and supports flexible working arrangements. The review will consider the design of the Victorian police oversight system, including: the external oversight of police's use of significant powers by independent integrity agencies. The VPM states that a declarable association includes any association that may reflect adversely on the employees standing and reputation in the eyes of the community as a Victoria Police employee.21 The policy does not state that associations are limited to those that involve close physical proximity. If no contact but reasons given: What reason was given? IBAC is advised that PSC is currently undertaking a general review of probity. If no: Reason for disagreeing with reclassification. In general, the responsible PCU sergeant determines whether a matter should be allocated to the regions or PSC for investigation with reference to the ARM. One minor misconduct complaint (C2-1) did not contain any notes to indicate why the subject officer was not advised of the outcome. twelve files involved extensions for reasons that were questionable. That complaint (discussed in case study 5) was one of the four work files reclassified by PSC all of which were reclassified as complaints of corruption (C3-4) or criminaltiy not connected to duty (C3-3) involving allegations of a serious nature. Allegations that need some preliminary inquiry and assessment by PSC before a full investigation can be conducted, Includes minor assault at time of arrest, infringement notice received on duty, lower level discrimination under the Equal Opportunity Act, and lower level breaches of the Charter of Human Rights, Includes serious assault, conduct punishable by imprisonment, alcohol or drug offences on duty, improper use of LEAP or other databases, higher level discrimination under the Equal Opportunity Act, and higher level breaches of the Charter of Human Rights, Includes off-duty conduct punishable by imprisonment, off-duty alcohol or drug offences, criminal associations, and summons to court for any traffic matter, Includes encouraging others to neglect duty or to be improperly influenced in exercising any function, fabricating or falsifying evidence, using excessive force or other improper tactics to procure confession or conviction, improperly interfering with or subverting a prosecution, concealing misconduct by other officers, and engaging in serious criminal conduct. Contact was made with all relevant complainants in the majority of files (22 of 26 files, or 85 per cent) where a contactable complainant was identified. This is to avoid actual or perceived conflicts of interest, as well as practical issues associated with investigators questioning or recommending sanctions against their peers or more senior officers. to support and promote the continuing education . Count of subject officers contacted by investigators, Count of subject officers who resigned during investigation. 20 PSC Conduct and Professional Standards Division SOPs 2014, Version 14, section 25. Police have referred the arrest to Professional Standards Command after confronting footage emerged on Monday of the incident, which took place on Cooper Street in Epping about 4.10pm on Sunday. While the audit did not identify any matters where delays clearly compromised the investigation, it is important that delays are minimised, given that involvement in a complaint investigation can be very stressful for both complainants and subject officers. Auditors noted that a number of files audited suggested that Victoria Police has strengthened its approach in investigations of allegations of sexual harassment and sexual assault. Those reasons included: Auditors identified nine complaints where the investigator did not contact relevant civilian witnesses and did not provide reasons. Making contact with complainants in the early stages of an investigation is most important in relation to complaints received from the public to acknowledge receipt of the complaint, explain the process and clarify details of the complaint. A decision to decline a complaint investigation should not be made solely on the basis of the complainants wishes.38. In particular, the majority did not attach conflict of interest forms, investigation plans, or a copy of the DAU advice or extension approvals (where sought). It is anticipated that the new procedure of notifying work files will allow IBAC to independently consider those allegations in a timely manner. The following case studies involved similar fact matters which were handled differently in relation to section 127(2). Of the 221 files closed by PSC in 2015/16, 64 files fit (29 per cent) this criteria. If Victoria Police reasonably believes that an officer has committed a reportable offence (of the kind listed in Schedule 4 of the Victoria Police Act) Victoria Police must consult with the OPP before charging the officer with a breach of discipline. Notes on the file and ROCSID indicate the matter was referred to the DAU for review. This audit of files investigated by PSC adds further weight to the arguments in favour of simpler determinations. Two of the complaints considered in IBACs audit proceeded to discipline hearings. This ensures that complaints which can provide an organisation with feedback about the effectiveness of its practices and procedures are not overlooked when a complainant no longer wishes to be involved. A total of 43 police staff in the Australian state of Victoria have been stood down from duty and could face being fired after they failed to comply with a Covid-19 vaccine mandate, Victoria . Despite allegations that the police officer attempted to pervert the course of justice and was associating with criminals, no allegations were listed in the investigation report, which stated that the work file involved an intelligence probe only. In two files the investigator only contacted some of the relevant complainants. However, those that are clearly stated in a complaint or identified by the investigator from the outset, should be accurately listed and characterised to make sure they are investigated appropriately. A total of seven allegations were listed on the file including assault (serious) striking fist, malfeasance threats to kill and multiple allegations of malfeasance pervert justice interference in investigation. advised that four allegations of assault and pervert the course of justice were not proceeded with, however ROCSID records that one allegation of assault and one allegation of use of position were substantiated resulting in workplace guidance. In the final report, the investigator noted that unauthorised disclosure of police information is a Schedule 4 offence which would require consultation with the OPP to proceed by way of discipline notice, however if the AC PSC determines that the matter be appropriately dealt with by means of admonishment or workplace guidance, consultation with the OPP is not required. Victoria Police has accepted all of the recommendations made in both these reports.
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